When a man refuses to acknowledge paternity, the court in Utrecht can establish it legally. This means that the man is officially recognised as the father of the child.
When is judicial establishment necessary?
A request for establishment is filed if:
- The alleged father does not want to acknowledge the child
- The father died before acknowledgement took place
- The identity of the father is unknown and paternity must be determined
Who may file a request?
| Applicant | Conditions |
|---|---|
| The mother of the child | As long as the alleged father is alive |
| The child itself | Also possible after the father's death |
| The alleged father | If the mother or child blocks acknowledgement |
Evidence: DNA test
The court may order a DNA test to prove paternity. If the man refuses to cooperate, the court may interpret this to his disadvantage.
Steps in the procedure
- File a petition with the help of a lawyer
- The court may order a DNA investigation
- If there is sufficient evidence, the court establishes paternity
- Paternity applies retroactively from birth
Consequences of establishment
- The man becomes the official father, with retroactive effect
- A maintenance obligation arises, also retroactively
- The child gains inheritance rights
- Parental authority is not automatically granted and must be applied for separately
Statute of limitations
There is no time limit for filing a request for paternity establishment. Even adult children can apply, even if the father is no longer alive.
Can a man be compelled to take a DNA test?
Yes, the court may order a test. Refusal can work against the man, and the court may decide based on other evidence.Does the father automatically get parental authority after establishment?
No, legal paternity does not confer parental authority. A separate request must be filed with the court for this. Contact may however be requested.Is establishment possible after the father's death?
Yes, a child can also have paternity established after the father's death. DNA can be obtained via family members or existing material.Frequently asked questions
How do I start a procedure for paternity establishment in Utrecht?
Start with a petition via a lawyer at the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht). The lawyer assists in gathering evidence, such as documents or witnesses. A DNA test may be ordered. The procedure often takes several months.
What are the costs of this procedure?
Costs include court fees (€100-€300), lawyer fees (€1,500-€3,000) and DNA test costs (€200-€600). For low income, subsidised legal aid is possible via the Juridisch Loket Utrecht (Catharijnesingel 55). Always ask your lawyer for a cost estimate.
Can paternity be established after death?
Yes, even years after death a child can file a request. Evidence can come from DNA of family members or stored material. The court determines if the evidence is sufficient.
What if the alleged father does not cooperate with a DNA test?
The court can enforce a test. Refusal can work against the man, and other evidence (such as witness statements) can be decisive for establishment.
What obligations arise after establishment?
As legal father you are responsible for child support (retroactively), the child has inheritance rights, and you can apply for contact. Parental authority must be arranged separately via the court.
Can an adult child still have paternity established?
Yes, there is no time limit. Adults can also file a request after many years, regardless of whether the father is still alive.